SANJU BALA Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) PRAYER in the present petition filed under Article 227 of the Constitution of India is for setting aside order dated 21.1.2012 passed by the learned court below, whereby apart from the cross-examination of the PWs present on that date, remaining oral evidence of the petitioner/plaintiff was closed by order of the court.

(2.) FOR the view I am taking in the present petition, I do not deem it appropriate to issue notice to the respondents, as the same would unnecessarily delay not only the disposal of the present petition but also the suit as well.

(3.) LEARNED counsel for the petitioner submitted that the suit was filed by the petitioner for injunction restraining the respondents from removing/ disconnecting the electricity connection. Along with the suit, the petitioner filed application for interim injunction which was allowed. The case was fixed for the first time for evidence of the petitioner on 9.8.2011 and thereafter on 20.10.2011, on which date, the case was adjourned to 21.1.2012 as the plaintiff was not well. On 21.1.2012, two PWs were present and examined, but could not be cross-examined as counsel for the defendants was not available. However, the learned court below apart from cross-examination of the PWs present on that date, closed the remaining oral evidence of the petitioner vide impugned order. He further submitted that earlier the application filed by the petitioner for interim injunction remained pending. He further submitted that the witnesses, who remain to be examined, are officials. The defendants' evidence is yet to start from 26.4.2012. It was submitted that in case one opportunity is granted, the petitioner will complete her entire evidence on the date fixed.